Free MA-29A, Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease or Mortgage of U.S. Citizen-Owned Undocumented - Federal


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Date: June 16, 2009
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Form Approved: OMB No. 2133-0006

REQUEST FOR TRANSFER OF OWNERSHIP, REGISTRY, AND FLAG, OR CHARTER OF U.S. CITIZEN-OWNED UNDOCUMENTED OR FOREIGN FLAGGED VESSELS
U.S. Department of Transportation Maritime Administration
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2133-0006. Public reporting for this collection of information is estimated to be approximately 2 hours per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Maritime Administration, MAR-390, Room W28-201, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Processing of the application requires approximately 30 working days from the date received in MARAD. IMPORTANT Submit the original only of MA-29A together with check and documents for which approval is requested to: ATTN: U.S. Department of Transportation Maritime Administration ­ MAR-630 1200 New Jersey Avenue, SE - West Wing, 2nd Floor Washington, DC 20590 READ INSTRUCTIONS BEFORE COMPLETING FORM (See Part VII) No approval for the sale, transfer, charter, lease, or mortgage of a U.S. privately-owned vessel to a non-citizen may be granted unless a completed application form has been received (46 U.S.C. 56101 and 56103)

THE UNDERSIGNED ____________________________________________________________________________________________ (Name of owner(s) of record of vessel) ___________________________________________________________ (Address of owner(s) ­ number, street, city, state and zip code) ____________________________________________ (Citizenship of Owner(s))

The owner of the vessel described below hereby applies for the approval required by Sections 37 and 41 of the Shipping Act, 1916, as amended (46 U.S.C. 56101 and 56103), of the following transaction(s): (1)

Sale

Charter

of vessel to:

______________________________________________________________________ (Alien's name, address (Number, street, city and country) (2)

Documentation or Transfer of vessel to _______________________________ registry and flag and represents the following information to be
accurate and true. (Foreign)

PART I - VESSEL
(a) Name or identification of vessel, such as hull or engine number (state which) (If former military craft, give military designation) (b) Type (Tug, Barge, etc.) (d) Speed loaded (h) Is vessel now in operation? (e) Length (c) When and where built (Initial construction) (f) Propulsive power-fuel (g) Gross tons

Yes Yes No

No

If "Yes," in what trade has vessel been generally operated during the last two years?

(i)

Is vessel laid up?

If "Yes," give location and state for how long.

PART II - THE ALIEN INVOLVED
(a) Is a citizen of ____________________________________________ ____________________________________________ (Give date and place of birth)

If alien is a corporation, also state: (1) Place and date of incorporation. (2) Names, addresses and nationality of directors, officers and stockholders and percentage of stock owned by each. (If more space is needed, attach an additional sheet.)

Form MA-29A (Rev. 6/2009)

Page 2 of 4

PART III - TRANSFER (Complete ONLY if approval is requested of sale or transfer to alien)
(a) Has vessel been offered for sale to American citizen?

(b)

Owner's reason for desiring to sell or transfer.

(c)

Is vessel to be replaced?

Yes No

(If "Yes," explain.)

(d)

If vessel is 1,350 gross tons or over, Is not less than 12 years old, and has been owned by the applicant for three (3) years prior to the date hereof, would applicant be interested in turning in said vessel to the Maritime Administration as credit towards the construction of a new vessel, pursuant to sections 507 or 510 of the Merchant Marine Act 1936, as amended (46 U.S.C. 1157 or 1160)?

Yes

No

(If "Yes," state the reason for this decision.)

(e) Give details as to proposed scrapping or as to proposed employment and trade in which the vessel will be operated under foreign registry, such as, as a pleasure craft or commercial craft. If fishing vessel, state for pleasure or commercial use and type such as tuna, purse seiner, shrimp, etc.

Form MA-29A (Rev. 6/2009)

Page 3 of 4

PART IV - TRADE (Complete ONLY if approval is requested of charter or lease to alien)
(a) Form of charter or lease (b) Duration of charter or lease

(c)

Areas(s) of operation and commodities to be carried

(d)

Date of commencement

PART V - ADDITIONAL REQUIREMENTS
(a) (b) (c) Attach evidence of ownership of the vessel. Attach Pro-forma copy of the sale, transfer, charter, lease, or mortgage agreement, as appropriate. Maritime Administration regulations (46 CFR 221) require the payment of a user charge on each application, in an amount as follows: Sale and transfer to foreign ownership, registry and flag: Vessels 3,000 gross tons and over ....................................................... $325.00 per vessel Vessels of less than 3,000 gross tons ................................................... $170.00 per vessel Charter .................................................................................................. $260.00 per vessel Any modification of the above transactions ­ the same as for the original approval. Payment shall be made only by Cashier's Check, certified check, company check, or money order, payable to "Maritime Administration."

PART VI - CONDITIONS OF APPROVAL
Under the provisions of Section 41 of the Shipping Act, 1916, as amended, (46 U.S.C. 56103) conditions may be imposed in connection with any approval that may be given pursuant to this application, the failure of performance of which entails the penalties of the law. The Maritime Administration's approval of transfer of vessels of 3000 gross tons and over to foreign ownership or registry, or both (whether for operation or scrapping) will be subject to the terms and conditions of its current Foreign Transfer Policy (46 CFR 221 Appendix) copy of which will be furnished upon request. In unusual circumstances, conditions may also be imposed on vessels under 3000 gross tons approved for transfer foreign. A U.S. surety company bond or other surety satisfactory to the Maritime Administration will be required to guarantee performance of an agreement containing any such conditions imposed.

PART VII - INSTRUCTIONS FOR EXECUTION
(a) (b) (c) If signed by an agent of the owner, proper evidence of the authority under which the agent acts must be attached. If the owner is a corporation, name and title of executive official executing this application must be given, and Secretary thereof must attest it and affix corporate seal. The particular attention of the applicant is directed to the following provisions of Section 41 of the Shipping Act 1916, as amended (46 U.S.C. 56103).

Whenever by this Act the approval of the board is required to render any act or transaction lawful, whoever knowingly makes any false statement of a material fact to the board (Maritime Administration), or to any member thereof, or to any officer, attorney, or agent thereof, for the purpose of securing such approval, shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both.

Form MA-29A (Rev. 6/2009)

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PART VIII - EXECUTION (Application not acceptable unless completed according to all requirements and instructions.)
IN WITNESS WHEREOF this application has been duly executed at _________________________________________________________________ This ___________ day of ______________________, 20_____.

(3)

Attest:

(1)

____________________________________________ (Present owner(s) of vessel)

(Affix corporate seal)

(2) _______________________________________________ (Name and title)

____________________________________________ (Name and title of executive official)

(1) (2) (3)

For use by individual owner(s) of Vessel. If corporation, type in name. For use by executive official executing application. For use by attesting official of corporation (if no seal so state).

(SUBMIT ORIGINAL ONLY)

Form MA-29A (Rev. 6/2009)